>> It has to be a secret to be a trade secret. Publishing the source
>> under a copyright license is entirely not sufficent for maintaining
>> a trade secret.
> Not according to the DMCA.  All it has to be is something that the
> company uses while doing commerce that would cause a loss of
> competitiveness if another company obtained that information.  The
> information from Apple was not released as public domain.  If NetBSD
> uses knowledge gained from APSL code that then causes Apple to lose
> sales of OS X, and NetBSD is not complying with the APSL, Apple can
> sue under the DMCA,

Presumably even if the transmissal from Darwin to NetBSD was entirely
legal when and where performed (eg, done by someone in Norway)?

Apple could sue *NetBSD* (as opposed to the person who did the work)?

Those are scary.  NetBSD really really needs to move to somewhere the
DMCA does not apply.  (Again, not that that'll happen.)

> copyright law not-withstanding (der Mouse ought to appreciate that
> last clause).

Yes indeed!  I know a little bit about copyright law.  I know a good
deal less about the DMCA - I know just about enough to know I do not
want to *ever* work or live in a jurisdiction where it applies; I'm
uncomfortable enough about just *visiting*.  You've just given me
another reason. :-)

Thanks for pointing this out.

/~\ The ASCII				der Mouse
\ / Ribbon Campaign
 X  Against HTML	       mouse@rodents.montreal.qc.ca
/ \ Email!	     7D C8 61 52 5D E7 2D 39  4E F1 31 3E E8 B3 27 4B